Title
Increases highway fund via fuel tax
Law
Republic Act No. 1435
Decision Date
Jun 14, 1956
Republic Act No. 1435 increases specific taxes on manufactured oils and fuels to fund the construction, reconstruction, and improvement of highways and bridges in the Philippines, while also allowing for refunds and granting municipal authorities the power to levy additional taxes on these oils.

Statutory amendments and tax bases

  • Section 1 amends Section 142 of the National Internal Revenue Code, as amended, governing the specific tax on manufactured oils and other fuels.
  • Section 2 amends Section 145 of the National Internal Revenue Code, as amended, governing the specific tax on diesel fuel oil.
  • Section 5 allocates the proceeds of the additional municipal tax to road and bridge funds and creates a special refund situation for specific users.
  • The tax changes in Sections 1 and 2 are the basis for the dedicated Highway Special Fund proceeds under Section 3.

Purpose for increasing Highway Fund

  • Section 3 directs that the proceeds of the increased taxes accruing to the Highway Special Fund are set aside for highway and bridge financing and liquidation.
  • Section 3 limits use of those increased proceeds to:
    • amortizing loans or bonds for construction, reconstruction, or improvement of highways (including bridges), and
    • liquidating toll bridges constructed from revolving funds authorized under Act No. 3500, as amended.
  • Section 3 requires that such liquidation is recommended by the Secretary of Public Works and Communications and approved by the President.
  • Section 3 ties disbursement timing and authorization to that recommendation-and-approval process.

Specific taxes on fuels—rates

  • Section 1 imposes specific taxes on refined and manufactured mineral oils and motor fuels, per liter of volume capacity:
    • Kerosene or petroleum: 2.5 centavos
    • Lubricating oils: 7 centavos
    • Naptha, gasoline, and all other similar products of distillation: 8 centavos
  • Section 1 imposes specific tax on denatured alcohol to be used for motive power at 1 centavo per liter of volume capacity.
  • Section 1 provides an alcohol-mixing rule: if denatured alcohol is mixed with gasoline on which the specific tax has already been paid, only the alcohol content is subject to the tax prescribed.
  • Section 1 treats denatured alcohol removal for motive power as follows: removal of denatured alcohol of not less than 180 degrees proof (90% absolute alcohol) is deemed removal for motive power unless shown to the contrary.
  • Section 2 imposes a specific tax on diesel fuel oil and similar fuel oils “having more or more the same generating power,” at PHP 1 per metric ton.

Refunds for agriculture, aviation, and mining/forestry

  • Section 1 authorizes a 50% refund of the specific tax paid when any of the listed oils are used in agriculture and aviation during the five years from June 18, 1952.
  • Section 1 requires the refund to be claimed by submitting:
    • (1) a sworn affidavit of the producer and two disinterested persons proving actual use in agriculture, or an alternative for producers associations/federations;
    • (2) if the producer belongs to a producers association or federation duly registered with the Securities and Exchange Commission, a sworn affidavit of the president attesting actual use in agriculture; and
    • (3) for aviation oils, a sworn certificate satisfactory to the Collector of Internal Revenue proving actual use in aviation.
  • Section 1 limits aviation refunds by denying refunds for aviation oils used by citizens and corporations of foreign countries that do not grant equivalent refunds or exemptions to similar Philippine-used aviation oils by citizens and corporations of the Philippines.
  • Section 5 creates an additional refund for another use case: when oils are used by miners or forest concessionaires, 25% of the specific tax paid shall be refunded by the Collector of Internal Revenue upon proof of actual use and under similar conditions enumerated in Section 1(1) and Section 1(2).

Allocation of proceeds to Highway Special Fund

  • Section 3 requires that the proceeds of the increased taxes under Sections 142 and 145 be set aside exclusively for:
    • amortizing loans or bonds authorized for construction, reconstruction, or improvement of highways including bridges, and
    • liquidating toll bridges constructed from revolving funds authorized under Act No. 3500, as amended.
  • Section 3 limits toll bridge liquidation to cases where liquidation is recommended by the Secretary of Public Works and Communications and approved by the President.
  • Section 3 uses the increased tax proceeds as the funding source for the above highway and bridge purposes without diversion to other uses.

Municipal additional taxes on fuels

  • Section 4 authorizes municipal boards or councils to levy an additional tax of not exceeding 25% of the rates fixed under Sections 142 and 145 on manufactured oils sold or distributed within city/municipal limits.
  • Section 4 expressly permits the municipal levy notwithstanding the provisions of Sections 142 and 145 as amended by Republic Act No. 1435.
  • Section 4 ratifies and validates municipal taxes previously levied by cities through city ordinances on gasoline, airplane fuel, lubricating oil and other fuels.
  • Section 4 directs that the method of collecting the additional municipal tax shall be prescribed by the municipal board or council concerned.

Allocation of municipal tax proceeds and road approval condition

  • Section 5 provides that proceeds of the additional tax on manufactured oils accrue to the road and bridge funds of the political subdivision for whose benefit the tax is collected.
  • Section 5 repeats the 25% refund rule for oils used by miners or forest concessionaires, requiring proof of actual use and using similar conditions enumerated in Section 1(1) and Section 1(2).
  • Section 5 restricts highway construction: no new road shall be constructed unless the routes or location are approved by the Commissioner of Public Highways after a determination that the road can be made part of an integral and articulated route in the Philippine Highway System.
  • Section 5 ties that approval requirement to Section 26 of the Philippine Highway Act of 1953.

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